CNIPA & EPO Sign Agreement to Enhance PCT Cooperation

The China National Intellectual Property Administration (CNIPA) and the European Patent Office (EPO) signed an agreement that allows PCT applicants filing an international patent application in English at CNIPA as Receiving Office the choice to opt for EPO as their International Searching Authority (ISA). The agreement was signed by CNIPA commissioner Mr. Shen Changyu and EPO president Mr. António Campinos at the 13th Conference of Heads of Offices between CNIPA and EPO held in Suzhou, China on 12 November 2019.

 

Currently, CNIPA is the only competent ISA for international patent applications filed at CNIPA as receiving office. Following the implementation of the agreement, the applicant, by selecting EPO as ISA and provided that its application is in English, would be provided with a search report and written opinion from an EPO examiner during the international phase, by which the applicant will be better-informed about the likelihood of a grant at EPO.

 

Also, choosing EPO as ISA would enable the resulting application to proceed directly to examination upon entering into the European regional phase, without the need for a European supplementary search to be performed, thus accelerating the patent prosecution process and benefiting the applicants who aim at filing an international patent application in Europe.

 

The programme is expected to start next year on an initial two-year pilot basis.